Malaysia case sets new record

This week's High Court decision in relation to the Malaysia Solution is the fastest High Court case in Australia's history.In a new record, the matter progressed from nothing to having a

This week's High Court decision in relation to the Malaysia Solution is the fastest High Court case in Australia's history.

In a new record, the matter progressed from nothing to having a judgment within 25 days.

This was just one of many topics discussed at a forum held last night (1 September) at the Law Institute of Victoria (LIV) in the wake of the landmark decision.

The case's lead counsel opposing the Government, Matthew Albert, told the forum he is proud to be a member of the legal profession and be able to act as a "check and balance" to government. He also said the decision is very significant, both within Australia and internationally, as it is the first judgment to comprehensively explain the meaning of 'protection' under the Refugee Convention.

Human rights advocate Julian Burnside QC told the forum he believes it is safe to say that offshore processing is no longer an option for the Government, and said he would support a model, currently being advocated by the LIV, whereby asylum seekers are placed in short-term detention while they undertake health and security checks and are then released into the community while their protection claims are assessed.

When asked about what will happen in the wake of the decision, Albert said he had the "sombre" task of telling his clients that even though they will not be deported to Malaysia, they will still be held in indefinite detention until the Government decides on a new course of action.

LIV president Caroline Counsel said the LIV "will continue to work with the legal community to advocate for a fair process for all asylum seekers, regardless of how they arrive in our country".

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